Tag Archives: GDPR

Free flowing data for 127 million people: Japan and the EU break down personal data transfer barriers

On 23 January 2019, the European Commission adopted an adequacy decision for Japan, with immediate effect. The decision certifies Japan as having a comparable level of data protection to that of the European Union. On the same day, Japan adopted an equivalent decision regarding the EU’s data protection regime. This is the first example of … Continue Reading

First sanction decision rendered by the CNIL under the GDPR: GDPR awareness 2.0 has begun

In an interview dated February 2018,[1] Isabelle Falque-Pierrotin, at the Head of the French data protection authority (CNIL), stated that the CNIL would adopt a flexible and pragmatic approach from May 2018 onwards when controlling compliance with data protection requirements. The first decision of sanction rendered by the CNIL on Monday January 21, 2019, which … Continue Reading

Brexit countdown: UK government to amend domestic data protection legislation

The Data Protection, Privacy and Electronic Communications (Amendments etc.) (EU Exit) Regulations 2019 have been laid before the UK Parliament. The regulations are introduced under the European Union (Withdrawal) Act 2018. The Withdrawal Act grants powers to correct deficiencies in UK legislation that will arise as a result of Brexit. The regulations introduce a large … Continue Reading

‘No deal’ Brexit: ICO and UK government issue data protection guidance

The Information Commissioner’s Office (ICO) and the UK Department for Culture, Media and Sport (DCMS) have each issued no-deal Brexit data protection guidance. EU/UK personal data transfers The UK government has committed to incorporating the General Data Protection Regulation (GDPR) into domestic UK law when the UK leaves the EU. This means there will not … Continue Reading

European Data Protection Board – Fifth plenary session: EU-Japan draft adequacy decision, DPIA lists and guidelines on accreditation

The European Data Protection Board (EDPB) met for its fifth plenary session on 4 and 5 December 2018. The EDPB published a press release, highlighting the three main areas of discussion: EU-Japan draft adequacy decision. The EDPB adopted an opinion on the European Commission’s draft adequacy decision. In adopting its opinion, the EDPB focused on the … Continue Reading

Does GDPR require non-EU companies to nominate EU representatives? EDPB issues guidance

On 16 November 2018, the European Data Protection Board (EDPB) adopted draft guidelines on the territorial scope of the General Data Protection Regulation (GDPR) (the guidelines). Last week we published a blog on these guidelines, focusing on when the GDPR applies to non-European Union (EU) controllers and processors. This week, we focus on when non-EU … Continue Reading

ICO warns that the Washington Post offers invalid cookie consent under the GDPR

It has been reported that the Information Commissioner’s Office (ICO) has issued the US-based Washington Post newspaper with a warning about how it obtains consent for cookies from website visitors. According to a report in The Register, the ICO stated that the Washington Post’s online subscription options do not allow users to opt out of … Continue Reading

EDPB issues much-awaited guidance on GDPR’s territorial scope

On 16 November 2018, the European Data Protection Board (EDPB) adopted draft guidelines on the territorial scope of the General Data Protection Regulation (GDPR) (the guidelines). This is the first of two blogs on the guidelines. This blog considers the extra-territorial scope of the GDPR. Next week, we will consider the need for non-European Union … Continue Reading

Public comment for private matters: NTIA receives over 200 comments on proposed approach to protecting consumer privacy informed by GDPR, CCPA & more

On November 13, 2018, the U.S. Department of Commerce’s National Telecommunications and Information Administration (NTIA) released comments it received from over 200 government, non-profit, academic, and private sector organizations on developing the Administration’s approach to consumer privacy.[1] Since September, the NTIA has sought public comments to specifically address a number of questions that focused on … Continue Reading

European Data Protection Board update

The European Data Protection Board (EDPB) met for its fourth plenary session on 16 November 2018. The session covered many areas of discussion, outlined in the session’s agenda. The EDPB published a press release, highlighting the three main areas of discussion. EU-Japan draft adequacy decision. The EDPB discussed the draft adequacy decision, which it received … Continue Reading

Update on Facebook fan pages: What should organisations do after the release of Facebook’s co-controller agreement?

After another statement by the German Data Protection Authorities (German DPAs) of 5 September 2018 (Statement, available in English here), stating that the operation of a fan page as offered by Facebook was illegal, Facebook reacted “overnight” and released a co-controller agreement, the “Page Insights Controller Addendum” (Insights Addendum, available here). In a press release … Continue Reading

Get your update on IT & Data Protection Law in our Newsletter (Fall 2018 edition)

The Fall 2018 edition of the quarterly IT & Data Protection Newsletter by Reed Smith Germany has just been released. We provide updates on Facebook fan pages, the right to be forgotten, cease and desists by competitors under GDPR, spamming and customer satisfaction surveys, the German Network Enforcement Act, and more. The newsletter also includes … Continue Reading

ICO publishes security guidance on encryption and passwords

Earlier this month, the Information Commissioner’s Office (ICO) published security guidance in its guide to the General Data Protection Regulation (GDPR). The guidance focuses specifically on encryption and passwords. It suggests points to be considered during implementation and offers some helpful “dos and don’ts”. Encryption Article 32 of the GDPR specifies encryption as an example of … Continue Reading

A new deal for consumers: EDPS publishes Opinion

The European Data Protection Supervisor (EDPS) published an Opinion on 5 October 2018 regarding the European Commission’s legislative package “A New Deal for Consumers”. In the Opinion, the EDPS calls for closer alignment between consumer and data protection rules in the EU. Background The Commission’s package, adopted earlier this year, includes two legislative proposals: (1) … Continue Reading

ICO takes action against organisations for failure to pay new data protection fee

On 26 September 2018 the Information Commissioner’s Office (ICO) began formal enforcement action against 34 organisations that have failed to pay their data protection fees. Notices of intent have been served on both private and public sector organisations, including the NHS, government organisations, and businesses in recruitment, finance and accountancy. They have until 17 October … Continue Reading

Spotlight shone on online advertising as complaints are filed with EU supervisory authorities

On 12 September 2018, complaints were filed with the UK Information Commissioner’s Office and the Irish Data Protection Commissioner regarding the “wide scale and systemic breaches of the data protection regime” by Google and others in the online advertising industry (the Complaints). The Complaints The Complaints were submitted by Brave, an ad blocking web browser, … Continue Reading

ICO takes enforcement action against Brexit campaigners

On 6 July 2018, the Information Commissioner’s Office (ICO) issued an enforcement notice against AggregateIQ for failing to comply with the General Data Protection Regulation 2016/679 (GDPR). The enforcement notice was issued as part of the ICO’s investigation into whether personal data was misused by both sides during the Brexit referendum. AggregateIQ The terms of … Continue Reading

First tribunal case overturning an ICO fine for sending marketing emails without opt-in consent

In Xerpla Ltd v. Information Commissioner [2018] UKFTT 2017_0262 (GRC) (14 August 2018), an English General Regulatory Tribunal has overturned a fine, issued by the Information Commissioner’s Office (ICO) against the direct marketing company, Xerpla Ltd, after the ICO determined that Xerpla had failed to obtain the necessary consents for electronic communications to its subscribers. … Continue Reading

When do organisations need to carry out a data protection impact assessment? German authorities provide guidance

The German data protection authorities (German DPAs) have jointly released a list of processing activities (List) that are subject to a data protection impact assessment (DPIA). The List contains 16 examples. What is a DPIA? DPIAs shall help identifying, assessing and minimising the data protection risks of a project in which personal data are processed. … Continue Reading

ICO issues new guidance on international data transfers under GDPR

The Information Commissioner’s Office (ICO) has published new guidance on international data transfers (the guidance) under the General Data Protection Regulation (Regulation (EU) 2016/679) (GDPR). Ex-EU personal data transfers The GDPR restricts the transfer of personal data to non-EU countries or international organisations. The ICO has clarified that a transfer is restricted if: The GDPR … Continue Reading

Proposed amendments to the ePrivacy Regulation

On 10 July 2018, the Council of the European Union has published a draft of revisions to the proposed ePrivacy Regulation (ePR). The ePR is likely to come into force in 2019. The ePR will repeal and replace the Privacy and Electronic Communications Directive 2002/58/EC. The ePR will align Europe’s ePrivacy regime more closely with … Continue Reading

“Privacy First Policy” to be on November ballot in San Francisco

San Francisco voters will decide on November 6, 2018, whether to enact the city’s “Privacy First Policy” that intends to protect the personal information of residents and visitors from misuse by companies doing business in San Francisco. The policy builds upon the California Consumer Privacy Act passed in June 2018, which gives consumers various rights, … Continue Reading

ICO publishes its 2017/2018 Annual Report

The Information Commissioner’s Office (‘ICO’) has published its 2017/2018 Annual Report, covering the 12 months leading up to 31 March 2018. The report is the ICO’s annual report to Parliament as required by the Data Protection Act 1998 (‘DPA’), and outlines the achievements and work of the ICO. Among the findings reported are the number … Continue Reading

ICO issues guidance on hiring and supporting DPOs

The UK Information Commissioner’s Office (ICO) has issued a resource for organizations to utilise when hiring and structuring the roles of data protection officers (DPO) under the General Data Protection Regulation (GDPR). This blog summarises several key elements of these resources. DPO checklist The checklist contains four sections which include: Appointing a DPO – across … Continue Reading
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